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procurement law is in itself sufficient to trigger the contracting authority's liability in damages (Fosen-Linjen). I argue that … Court. The latter held that the liability of a contracting authority for the breach of EU public procurement rules under the … remedies directive is assimilated to that of the State under the general EU law doctrine of State liability and thus requires a …
Persistent link: https://www.econbiz.de/10014115895
nudge clinicians to use PDAs with their patients: the monetary incentive of a professional liability insurance premium … Empowering PatientsC. Too Few Clinicians Use PDAsIII. Medical Liability Insurers Should Incentivize Clinicians to Use PDAs by …-Reducing ConductB. Offering Premium Discounts Will Spur Wider PDA UptakeIV. PDAs Reduce Liability Risk from Negligent Nondisclosure …
Persistent link: https://www.econbiz.de/10013230498
defendants’ liability insurance; (2) mass tort defendants typically retain control over their defense, even when they recover … own funds to settle claims, obtaining indemnification from their liability insurers, if any, later; and (4) many mass tort … provides empirical support for two of the conceptual insights in Kenneth Abraham’s Liability Century: (1) the mismatch between …
Persistent link: https://www.econbiz.de/10014362146
This article concerns the recent case of Georges v United Nations, which constitutes, to date, the most elaborate public law challenge to the principle of UN immunity from suit and private law attempt at procuring compensation from the UN for alleged malfeasance. Despite the fact that it relates...
Persistent link: https://www.econbiz.de/10014344204
In 1890, when Louis Brandeis and Samuel Warren wrote their seminal work on The Right to Privacy, Japan did not have a word for the concept. Scholars settled on puraibashii a transliteration as opposed to translation, of the word privacy. Today, privacy is closely guarded in Japan; the European...
Persistent link: https://www.econbiz.de/10014346177
We present a new model of negligence and causation and examine the influence of the negligence test, in the presence of intervening causation, on the level of care. In this model, the injurer’s decision to take care reduces the likelihood of an accident only in the event that some...
Persistent link: https://www.econbiz.de/10014043797
This Article examines the nature, origin, and policy soundness of the tort of interference with inheritance. We argue that the tort should be repudiated because it is conceptually and practically unsound. Endorsed by the Second Restatement of Torts and recognized by the U.S. Supreme Court in a...
Persistent link: https://www.econbiz.de/10014167417
liability reform is not one of them. Despite being a perennial target of health care reform -- with accompanying assertions that … a medical malpractice liability crisis is corrupting the delivery of health care in the United States -- only three … unanticipated consequences for the ongoing medical malpractice liability reform debate …
Persistent link: https://www.econbiz.de/10014186355
The happiness revolution is coming to legal scholarship. Based on empirical data about the how and why of positive emotions, legal scholars are beginning to suggest reforms to legal institutions. In this article we aim to redirect and slow down this revolution. One of their first targets of...
Persistent link: https://www.econbiz.de/10014210065
undecided insurance coverage question when the underlying liability case is still pending. The possible litigation options have … mediation” - mediation of both liability and coverage - as an alternative to these adjudicatory options. By working through a … series of paradigmatic coverage-liability disputes, we examine whether, when, and how concurrent mediation can be effectively …
Persistent link: https://www.econbiz.de/10013143521